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(영문) 인천지방법원 2018.03.28 2018고단638
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On December 13, 2007, the Defendant was sentenced to a fine of KRW 700,000 to a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court on December 13, 2007, and a fine of KRW 5 million to a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on May 2, 2014.

[2] On December 31, 2017, around 01:15, the Defendant driven a B Car under the influence of alcohol leveling 0.082% of alcohol level from approximately 800 meters away from the front of the cultural distance in Bupyeong-gu, Incheon, Bupyeong-gu to the front of the same 45 square meters away from the road in front of the same Gu funeral.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions indicated in judgment: Investigation report (Attachment to a summary order for the same type of crime), application of summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: the defendant has been punished several times due to drinking driving.

The Defendant committed the instant crime without being aware of it even during the period of probation.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The amount of alcohol concentration among the blood of the defendant shall not exceed 0.1%.

Finally, three years have passed since the defendant was punished for driving alcohol.

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